Initiative 200

Initiative 200 was a Washington State initiative to the Legislature promoted by California affirmative-action opponent Ward Connerly and filed by Scott Smith and Tim Eyman, a mail-order salesman from Mukilteo, Washington. It sought to prohibit racial and gender preferences by state and local government. It was on the Washington ballot in November 1998 and passed with 58.22% of the vote. It added to Washington's law (but not its constitution) the following language:

(1) The state shall not discriminate against, or grant preferential treatment to, any individual or group on the basis of race, sex, color, ethnicity, or national origin in the operation of public employment, public education, or public contracting.

Initiative 200, a Washington State statute enacted by direct public vote took place in November 1998. The voting took place statewide, with approximately 1.9 million voters taking to the polls. 58.2 percent, or a grand total of 1,099,410 voters supported the measure. Statewide, all counties passed the statute, with only one exception, King County, in all places but Seattle. The law reads "All state agencies, boards, departments and commissions are prohibited from using any equal opportunity programs that grant preferential treatment in hiring. Initial consideration of race, sex, color, ethnicity or national origin may continue through outreach efforts. No comparable aggressive action to end equal opportunity programs that grant preferential treatment".

In the late 1960s and early 1970s, as the civil rights movement came to an end, states nationwide developed policies as a form of remedy aimed to help mitigate the impact of institutionalized racism, sexism, etc. The policies were created to give special consideration to underrepresented minorities when state contracts and hiring where involved. In doing so the state believed that the availability of opportunities would help in the advancement of underrepresented minorities. Chapter 49.60 RCW, which prohibited discrimination against any person on basis of race, color, creed, national origin, family and marital statute, sex, age, or disability, was the standing Washington law prior to the enactment of Initiative 200, and had been upheld previously by courts and the Human Rights Commission. Included in the statute was a provision requiring state agencies access to affirmative action strategies to increase opportunities amongst racial minorities, including women, and veterans. State funded schools and universities were granted authority to establish their own entrance and admissions program with entrance requirements. The requirements outlined in the admission program must have complied with all federal laws prohibiting discrimination. Some universities had admissions policies in which the objective was to select students who had demonstrated capacity, high quality work, and who would contribute to a diverse student body.

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